Strack Excavating gets an appeal schedule after a Cape County judge last month denied their request for an amended judgment regarding its dispute with Saxony Lutheran High School. The Missouri Land Reclamation Commission granted Strack a permit to operate a 76-acre limestone quarry north of Saxony in September 2011. Judge Syler last month reversed the commission’s decision, vacated the permit, and sent it back to them to reconsider the application. He also denied Strack’s request to run the quarry during the appeals process. Strack still has a water, air, and land permit so he is still able to sell dirt and crush the limestone he has already mined. But he cannot drill without a mining permit. The Missouri Eastern District Court of Appeals has set a schedule for the appeals process. Both sides must submit their briefs by January 2nd. They will argue the case in February. Strack’s surface mining permit is not valid through the appeals process.
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